Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22807 

Terry Nicolosi, 

Office of the Secretary, Paperwork Reduction 

Act Reports Clearance Officer. 

[FR Doc. 2010–10085 Filed 4–29–10; 8:45 am] 

BILLING CODE 4150–41–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Implementation of Section 5001 of the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–5) for 

Adjustments to the Second Quarter of 

Fiscal Year 2010 Federal Medical 

Assistance Percentage Rates for 

Federal Matching Shares for Medicaid 

and Title IV–E Foster Care, Adoption 

Assistance and Guardianship 

Assistance Programs 

AGENCY: Office of the Secretary, DHHS. 

ACTION: Notice. 

SUMMARY: This notice provides the 

adjusted Federal Medical Assistance 

Percentage (FMAP) rates for the second 

quarter of Fiscal Year 2010 (FY10) as 

required under Section 5001 of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA). Section 5001 of the 

ARRA provides for temporary increases 

in the FMAP rates to provide fiscal 

relief to States and to protect and 

maintain State Medicaid and certain 

other assistance programs in a period of 

economic downturn. The increased 

FMAP rates apply during a recession 

adjustment period that is defined in 

ARRA as the period beginning October 

1, 2008 and ending December 31, 2010. 

DATES: Effective Date: These percentages 

are effective for the quarter beginning 

January 1, 2010 through March 31, 2010. 

A. Background 

The FMAP is used to determine the 

amount of Federal matching for 

specified State expenditures for 

assistance payments under programs 

under the Social Security Act (‘‘the 

Act’’). Sections 1905(b) and 

1101(a)(8)(B) of the Act require the 

Secretary of Health and Human Services 

to publish the FMAP rates each year. 

The Secretary calculates the percentages 

using formulas in sections 1905(b) and 

1101(a)(8)(B), and statistics from the 

Department of Commerce of average 

income per person in each State and for 

the Nation as a whole. The percentages 

must be within the upper and lower 

limits given in section 1905(b) of the 

Act. The percentages to be applied to 

the District of Columbia, Puerto Rico, 

the Virgin Islands, Guam, American 

Samoa, and the Northern Mariana 

Islands are specified separately in the 

Act, and thus are not based on the 

statutory formula that determines the 

percentages for the 50 States. 

Section 1905(b) of the Act specifies 

the formula for calculating the FMAP as 

follows: 

The FMAP for any State shall be 100 per 

centum less the State percentage; and the 

State percentage shall be that percentage 

which bears the same ratio to 45 per centum 

as the square of the per capita income of such 

State bears to the square of the per capita 

income of the continental United States 

(including Alaska) and Hawaii; except that 

(1) the FMAP shall in no case be less than 

50 per centum or more than 83 per centum, 

and (2) the FMAP for Puerto Rico, the Virgin 

Islands, Guam, the Northern Mariana Islands, 

and American Samoa shall be 50 per centum. 

Section 4725 of the Balanced Budget 

Act of 1997 amended section 1905(b) to 

provide that the FMAP for the District 

of Columbia for purposes of titles XIX 

(Medicaid) and XXI (CHIP) shall be 70 

percent. The Medicare Improvements 

for Patients and Providers Act of 2008 

(MIPPA) (Pub. L. 110–275) amended the 

FMAP applied to the District of 

Columbia for maintenance payments 

under title IV–E programs to make it 

consistent with the 70 percent Medicaid 

match rate. 

Section 5001 of Division B of the 

ARRA provides for a temporary increase 

in FMAP rates for Medicaid and title 

IV–E Foster Care, Adoption Assistance 

and Guardianship Assistance programs. 

The purpose of the increases to the 

FMAP rates is to provide fiscal relief to 

States and to protect and maintain State 

Medicaid and certain other assistance 

programs in a period of economic 

downturn, referred to as the ‘‘recession 

adjustment period.’’ The recession 

adjustment period is defined as the 

period beginning October 1, 2008 and 

ending December 31, 2010. 

B. Calculation of the Increased FMAP 

Rates Under ARRA 

Section 5001 of the ARRA specifies 

that the FMAP rates shall be temporarily 

increased for the following: (1) 

Maintenance of FMAP rates for FY09, 

FY10, and first quarter of FY11, so that 

the FMAP rate will not decrease from 

the prior year, determined by using as 

the FMAP rate for the current year the 

greater of any prior fiscal year FMAP 

rates between 2008–2010 or the rate 

calculated for the current fiscal year; (2) 

in addition to any maintenance 

increase, the application of an increase 

in each State’s FMAP of 6.2 percentage 

points; and (3) an additional percentage 

point increase based on the State’s 

increase in unemployment during the 

recession adjustment period. The 

resulting increased FMAP cannot 

exceed 100 percent. Each State’s FMAP 

will be recalculated each fiscal quarter 

beginning October 2008. Availability of 

certain components of the increased 

FMAP is conditioned on States meeting 

statutory programmatic requirements, 

such as the maintenance of effort 

requirement, which are not part of the 

calculation process. 

Expenditures for which the increased 

FMAP is not available under title XIX 

include expenditures for 

disproportionate share hospital 

payments, certain eligibility expansions, 

services received through an IHS or 

Tribal facility (which are already paid at 

a rate of 100 percent and therefore not 

subject to increase), and expenditures 

that are paid at an enhanced FMAP rate. 

The increased FMAP is available for 

expenditures under part E of title IV 

(including Foster Care, Adoption 

Assistance and Guardianship Assistance 

programs) only to the extent of a 

maintenance increase (hold harmless), if 

any, and the 6.2 percentage point 

increase. The increased FMAP does not 

apply to other parts of title IV, including 

part D (Child Support Enforcement 

Program). 

For title XIX purposes only, for each 

qualifying State with an unemployment 

rate that has increased at a rate above 

the statutory threshold percentage, 

ARRA provides additional relief above 

the general 6.2 percentage point 

increase in FMAP through application 

of a separate increase calculation. For 

those States, the FMAP for each 

qualifying State is increased by the 

number of percentage points equal to 

the product of the State matching 

percentage (as calculated under section 

1905(b) and adjusted if necessary for the 

maintenance of FMAP without 

reduction from the prior year, and after 

applying half of the 6.2 percentage point 

general increase in the Federal 

percentage) and the applicable percent 

determined from the State 

unemployment increase percentage for 

the quarter. 

The unemployment increase 

percentage for a calendar quarter is 

equal to the number of percentage 

points (if any) by which the average 

monthly unemployment rate for the 

State in the most recent previous 3- 

consecutive-month period for which 

data are available exceeds the lowest 

average monthly unemployment rate for 

the State for any 3-consecutive-month 

period beginning on or after January 1, 

2006. A State qualifies for additional 

relief based on an increase in 

unemployment if that State’s 

unemployment increase percentage is at 

least 1.5 percentage points. 

The applicable percent is: (1) 5.5 

percent if the State unemployment 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
22808 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

increase percentage is at least 1.5 

percentage points but less than 2.5 

percentage points; (2) 8.5 percent if the 

State unemployment increase 

percentage is at least 2.5 percentage 

points but less than 3.5 percentage 

points; and (3) 11.5 percent if the State 

unemployment increase percentage is at 

least 3.5 percentage points. 

If the State’s applicable percent is less 

than the applicable percent for the 

preceding quarter, then the higher 

applicable percent shall continue in 

effect for any calendar quarter beginning 

on January 1, 2009 and ending before 

July 1, 2010. 

Under section 5001(b)(2) of ARRA, 

Puerto Rico, the Virgin Islands, Guam, 

the Commonwealth of the Northern 

Mariana Islands, and America Samoa 

were given the option to make a special 

one-time election between (1) a 30 

percent increase in their cap on 

Medicaid payments (as determined 

under subsections (f) and (g) of section 

1108 of the Act), or (2) applying the 

general 6.2 percentage point increase in 

the FMAP plus a 15 percent increase in 

the cap on Medicaid payments. There is 

no quarterly unemployment adjustment 

for territories. All territories and the 

Commonwealth of the Northern Mariana 

Islands elected the 30 percent increase 

in their spending cap on Medicaid 

payments; therefore there is no 

recalculation of their FMAP rate. 

D. Adjusted FMAPs for the Second 

Quarter of 2010 

ARRA adjustments to FMAPs are 

shown by State in the accompanying 

table. The hold harmless FY10 FMAP is 

the higher of the original FY08, FY09, 

or FY10 FMAP. The 6.2 percentage 

point increase is added to the hold 

harmless FY10 FMAP. The 

unemployment tier is determined by 

comparing the average unemployment 

rate for the three consecutive months 

preceding the start of each fiscal quarter 

to the lowest consecutive 3-month 

average unemployment rate beginning 

January 1, 2006. The unemployment 

adjustment is calculated according to 

the unemployment tier and added to the 

hold harmless FY10 FMAP with the 6.2 

percentage point increase. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Shelton or Thomas Musco, Office 

of Health Policy, Office of the Assistant 

Secretary for Planning and Evaluation, 

Room 447D—Hubert H. Humphrey 

Building, 200 Independence Avenue, 

SW., Washington, DC 20201, (202) 690– 

6870. 

(Catalog of Federal Domestic Assistance 

Program Nos. 93.558: TANF Contingency 

Funds; 93.563: Child Support Enforcement; 

93–596: Child Care Mandatory and Matching 

Funds of the Child Care and Development 

Fund; 93.658: Foster Care; 93.659: Adoption 

Assistance; 93.090: Guardianship Assistance; 

93.769: Ticket-to-Work and Work Incentives 

Improvement Act; 93.778: Medical 

Assistance Program) 

Dated: April 13, 2010. 

Kathleen Sebelius, 

Secretary. 

ARRA ADJUSTMENTS TO FMAP Q2 FY10 

State 

FY08 

original 

FMAP 

FY09 

original 

FMAP 

FY10 

original 

FMAP 

Hold 

harmless 

FY10 

Hold 

harmless 

FY10 

FMAP with 

6.2% point 

increase 

3-month 

average 

unemployment 

ending 

Dec 2009 

Minimum 

unemployment 

Unemployment 

difference 

Unemployment 

tier 

Unemployment 

adjustment 

Q2 FY10 

2nd 

quarter 

FY10 FMAP 

unemployment adjustment 

2nd 

quarter 

FY10 FMAP 

unemployment hold 

harmless 

Alabama ........ 67.62 67.98 68.01 68.01 74.21 10.9 3.3 7.6 11.5 3.32 77.53 77.53 

Alaska ........... 52.48 50.53 51.43 52.48 58.68 8.5 6.0 2.5 8.5 3.78 62.46 62.46 

Arizona .......... 66.20 65.77 65.75 66.20 72.40 9.2 3.6 5.6 11.5 3.53 75.93 75.93 

Arkansas ....... 72.94 72.81 72.78 72.94 79.14 7.6 4.8 2.8 8.5 2.04 81.18 81.18 

California ....... 50.00 50.00 50.00 50.00 56.20 12.3 4.8 7.5 11.5 5.39 61.59 61.59 

Colorado ....... 50.00 50.00 50.00 50.00 56.20 7.4 3.6 3.8 11.5 5.39 61.59 61.59 

Connecticut ... 50.00 50.00 50.00 50.00 56.20 8.7 4.3 4.4 11.5 5.39 61.59 61.59 

Delaware ....... 50.00 50.00 50.21 50.21 56.41 8.6 3.3 5.3 11.5 5.37 61.78 61.78 

Dist of Columbia .............. 70.00 70.00 70.00 70.00 76.20 11.6 5.4 6.2 11.5 3.09 79.29 79.29 

Florida ........... 56.83 55.40 54.98 56.83 63.03 11.6 3.3 8.3 11.5 4.61 67.64 67.64 

Georgia ......... 63.10 64.49 65.10 65.10 71.30 10.2 4.3 5.9 11.5 3.66 74.96 74.96 

Hawaii ........... 56.50 55.11 54.24 56.50 62.70 6.9 2.2 4.7 11.5 4.65 67.35 67.35 

Idaho ............. 69.87 69.77 69.40 69.87 76.07 9.0 2.8 6.2 11.5 3.11 79.18 79.18 

Illinois ............ 50.00 50.32 50.17 50.32 56.52 10.9 4.4 6.5 11.5 5.36 61.88 61.88 

Indiana .......... 62.69 64.26 65.93 65.93 72.13 9.8 4.4 5.4 11.5 3.56 75.69 75.69 

Iowa .............. 61.73 62.62 63.51 63.51 69.71 6.5 3.7 2.8 8.5 2.84 72.55 72.55 

Kansas .......... 59.43 60.08 60.38 60.38 66.58 6.7 4.0 2.7 8.5 3.10 69.68 69.68 

Kentucky ....... 69.78 70.13 70.96 70.96 77.16 10.7 5.4 5.3 11.5 2.98 80.14 80.14 

Louisiana ....... 72.47 71.31 67.61 72.47 78.67 7.3 3.5 3.8 11.5 2.81 81.48 81.48 

Maine ............ 63.31 64.41 64.99 64.99 71.19 8.1 4.4 3.7 11.5 3.67 74.86 74.86 

Maryland ....... 50.00 50.00 50.00 50.00 56.20 7.3 3.4 3.9 11.5 5.39 61.59 61.59 

Massachusetts ........... 50.00 50.00 50.00 50.00 56.20 9.2 4.4 4.8 11.5 5.39 61.59 61.59 

Michigan ........ 58.10 60.27 63.19 63.19 69.39 14.4 6.7 7.7 11.5 3.88 73.27 73.27 

Minnesota ..... 50.00 50.00 50.00 50.00 56.20 7.6 3.9 3.7 11.5 5.39 61.59 61.59 

Mississippi ..... 76.29 75.84 75.67 76.29 82.49 10.4 6.0 4.4 11.5 2.37 84.86 84.86 

Missouri ......... 62.42 63.19 64.51 64.51 70.71 9.6 4.7 4.9 11.5 3.72 74.43 74.43 

Montana ........ 68.53 68.04 67.42 68.53 74.73 6.6 3.2 3.4 8.5 2.41 77.14 77.99 

Nebraska ....... 58.02 59.54 60.56 60.56 66.76 4.6 2.8 1.8 5.5 2.00 68.76 68.76 

Nevada .......... 52.64 50.00 50.16 52.64 58.84 12.9 4.2 8.7 11.5 5.09 63.93 63.93 

New Hampshire ........... 50.00 50.00 50.00 50.00 56.20 6.9 3.4 3.5 11.5 5.39 61.59 61.59 

New Jersey ... 50.00 50.00 50.00 50.00 56.20 9.9 4.2 5.7 11.5 5.39 61.59 61.59 

New Mexico .. 71.04 70.88 71.35 71.35 77.55 8.1 3.5 4.6 11.5 2.94 80.49 80.49 

New York ...... 50.00 50.00 50.00 50.00 56.20 8.9 4.3 4.6 11.5 5.39 61.59 61.59 

North Carolina 64.05 64.60 65.13 65.13 71.33 10.9 4.5 6.4 11.5 3.65 74.98 74.98 

North Dakota 63.75 63.15 63.01 63.75 69.95 4.3 3.0 1.3 0 0.00 69.95 69.95 

Ohio .............. 60.79 62.14 63.42 63.42 69.62 10.8 5.3 5.5 11.5 3.85 73.47 73.47 

Oklahoma ...... 67.10 65.90 64.43 67.10 73.30 6.9 3.3 3.6 11.5 3.43 76.73 76.73 

Oregon .......... 60.86 62.45 62.74 62.74 68.94 10.7 5.0 5.7 11.5 3.93 72.87 72.87 

Pennsylvania 54.08 54.52 54.81 54.81 61.01 8.7 4.3 4.4 11.5 4.84 65.85 65.85 

Rhode Island 52.51 52.59 52.63 52.63 58.83 12.5 4.8 7.7 11.5 5.09 63.92 63.92 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22809 

ARRA ADJUSTMENTS TO FMAP Q2 FY10—Continued 

State 

FY08 

original 

FMAP 

FY09 

original 

FMAP 

FY10 

original 

FMAP 

Hold 

harmless 

FY10 

Hold 

harmless 

FY10 

FMAP with 

6.2% point 

increase 

3-month 

average 

unemployment 

ending 

Dec 2009 

Minimum 

unemployment 

Unemployment 

difference 

Unemployment 

tier 

Unemployment 

adjustment 

Q2 FY10 

2nd 

quarter 

FY10 FMAP 

unemployment adjustment 

2nd 

quarter 

FY10 FMAP 

unemployment hold 

harmless 

South Carolina ............. 69.79 70.07 70.32 70.32 76.52 12.3 5.5 6.8 11.5 3.06 79.58 79.58 

South Dakota 60.03 62.55 62.72 62.72 68.92 4.7 2.7 2.0 5.5 1.88 70.80 70.80 

Tennessee .... 63.71 64.28 65.57 65.57 71.77 10.7 4.5 6.2 11.5 3.60 75.37 75.37 

Texas ............ 60.56 59.44 58.73 60.56 66.76 8.2 4.4 3.8 11.5 4.18 70.94 70.94 

Utah .............. 71.63 70.71 71.68 71.68 77.88 6.6 2.5 4.1 11.5 2.90 80.78 80.78 

Vermont ........ 59.03 59.45 58.73 59.45 65.65 6.7 3.5 3.2 8.5 3.18 68.83 69.96 

Virginia .......... 50.00 50.00 50.00 50.00 56.20 6.8 2.8 4.0 11.5 5.39 61.59 61.59 

Washington ... 51.52 50.94 50.12 51.52 57.72 9.2 4.4 4.8 11.5 5.22 62.94 62.94 

West Virginia 74.25 73.73 74.04 74.25 80.45 8.9 4.2 4.7 11.5 2.60 83.05 83.05 

Wisconsin ...... 57.62 59.38 60.21 60.21 66.41 8.6 4.4 4.2 11.5 4.22 70.63 70.63 

Wyoming ....... 50.00 50.00 50.00 50.00 56.20 7.5 2.8 4.7 11.5 5.39 61.59 61.59 

[FR Doc. 2010–10055 Filed 4–29–10; 8:45 am] 

BILLING CODE 4150–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Mandatory Guidelines for Federal 

Workplace Drug Testing Programs 

AGENCY: Substance Abuse and Mental 

Health Services Administration 

(SAMHSA), Department of Health and 

Human Services. 

ACTION: Final rule: Change in effective 

date. 

SUMMARY: The Department of Health and 

Human Services (HHS) is changing the 

effective date of the Revisions to the 

Mandatory Guidelines for Federal 

Workplace Drug Testing Programs 

(Mandatory Guidelines) from May 1, 

2010, to October 1, 2010. The purpose 

of this notice is to notify participants in 

Federal and federally-regulated 

workplace drug testing programs as 

soon as possible that they will not be 

expected to implement the revisions to 

the Mandatory Guidelines on May 1, 

2010, so that they do not unnecessarily 

expend resources to comply on May 1, 

or risk compliance problems by 

prematurely implementing new 

provisions. 

DATES: The revisions to the Mandatory 

Guidelines will now become effective 

October 1, 2010. This change in the 

effective date becomes effective April 

30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert L. Stephenson, II, M.P.H., 

Director, Division of Workplace 

Programs (DWP), Center for Substance 

Abuse Prevention (CSAP), Substance 

Abuse and Mental Health Services 

Administration (SAMHSA), 1 Choke 

Cherry Road, Room 2–1035, Rockville, 

MD 20857; Telephone: 240–276–2600; 

E-mail: 

Bob.Stephenson@samhsa.hhs.gov. 

SUPPLEMENTARY INFORMATION: On 

November 25, 2008, HHS published a 

Final Notice of Revisions to the 

Mandatory Guidelines for Federal 

Workplace Drug Testing Programs in the 

Federal Register (73 FR 71858). A 

correction providing the effective date 

of May 1, 2010, was published in the 

Federal Register on December 10, 2008 

(73 FR 75122). The Mandatory 

Guidelines establish the scientific and 

technical guidelines for Federal 

workplace drug testing programs and 

establish standards for certification of 

laboratories engaged in drug testing for 

Federal agencies under authority of 

section 503 of Public Law 100–71, 5 

U.S.C. Section 7301 note and Executive 

Order (E.O.) 12564. The revisions to the 

Mandatory Guidelines address the 

collection and testing of urine 

specimens, the requirements for 

certification of Instrumented Initial Test 

Facilities (IITF), and the role of and 

standards for collectors and Medical 

Review Officers (MRO). 

The Department of Transportation 

(DOT) publishes the Procedures for 

Transportation Workplace Drug and 

Alcohol Testing Programs at 49 Code of 

Federal Regulations (CFR) Part 40. This 

DOT regulation requires the drug and 

alcohol testing of safety-sensitive 

employees in certain DOT-regulated 

industries. Consistent with the Omnibus 

Transportation Employee Testing Act of 

1991, the DOT utilizes the HHS 

laboratory procedures set forth in the 

Mandatory Guidelines in its regulations. 

On February 4, 2010, DOT published 

a notice of proposed rulemaking 

(NPRM) in the Federal Register (75 FR 

5722) announcing revised procedures 

for transportation workplace drug and 

alcohol testing programs. DOT’s final 

rule based on this NPRM will not be 

completed by May 1, 2010. It is 

anticipated that DOT’s rule will be 

issued in time to go into effect by 

October 1, 2010. 

Without this change of effective date 

for the Mandatory Guidelines, 

laboratories certified under the 

Mandatory Guidelines would be 

required to maintain a dual system for 

testing using the revised Mandatory 

Guidelines, and testing for DOTregulated entities covered by the current 

Mandatory Guidelines, until DOT rules 

are issued. Further, the National 

Laboratory Certification Program would 

be required to certify laboratories 

utilizing different sets of requirements. 

The new effective date of October 1, 

2010 will allow time for related training 

in Federal and federally-regulated 

workplace drug testing programs and 

will be consistent with the beginning of 

the new Fiscal Year for Federal 

agencies. 

The Department’s implementation of 

this rule without opportunity for public 

comment, effective immediately upon 

publication today in the Federal 

Register, is based on the good cause 

exemptions in 5 U.S.C. section 

553(b)(3)(B) and 553(d)(3), to the extent 

that 5 U.S.C. title 5 applies. This delay 

in the effective date is temporary, and 

necessary to avoid requiring DOTregulated industries to comply with a 

different set of rules than federal 

workplace drug testing programs, which 

would create a confusing and unfair 

situation in which similarly situated 

employees would be treated 

inconsistently. 

The new implementation date will 

also avoid the unnecessary expenditure 

of scarce resources on compliance with 

different standards; allow time for 

related training in Federal and federallyregulated workplace drug testing 

programs, including HHS coordination 

with testing laboratories on 

implementing new procedures to be 

used in the federal workplace testing 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1